Compensation
The land you keep can be worth less after a taking than it was before. California calls that loss severance damages, and it is often larger than the value of the strip itself.
Severance damages are the loss in value to the remainder, caused by the severance of the part taken or by the construction and use of the project on it. The analysis in Code of Civil Procedure section 1263.410 compares the value of the remainder before the taking with its value after, in the condition the project leaves it.
Where the project confers a benefit on the remainder, the agency may set that benefit against severance damages. How a benefit is defined and measured is one of the most contested points in California partial taking cases, because a generous view of benefits can erase a real loss on paper.
Severance damages are measured against the project as it will actually be built. Plans, profiles and cross sections tell you what the remainder will look like, and they are public documents.
Severance damages are proved with appraisal evidence, engineering drawings and, where a business is affected, financial records. Owners who photograph the property before construction and keep the agency plan sheets are in a far better position when the loss has to be quantified.
Start with your situation
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Questions owners ask
No. They must be proved, usually with appraisal evidence comparing the value of the remainder before and after the taking.
Yes, and they often do. A narrow strip can cause a large loss to what remains.
Temporary construction impacts are treated differently from permanent effects. Permanent changes to access, configuration or exposure are the ones that usually carry value.
Then the agency may offset that benefit against severance damages. How the benefit is measured is frequently disputed.
Next step
Work out whether the offer measured the loss to the property you keep.